I paid for a product online but the seller never delivered it, how do I get my money back?
I bought an item on an e-commerce marketplace, paid in advance, and the seller has stopped responding without shipping the product. Before I spend money on it, I want to know whether Consumer Protection (E-Commerce) Rules, 2020 – Rule 5 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.
Consumer Protection (E-Commerce) Rules, 2020 – Rule 5, Information Technology Act, 2000 – Section 66D and Consumer Protection Act, 2019 – Section 94 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.
Under the Consumer Protection (E-Commerce) Rules, 2020, marketplace entities must display seller details, grievance officer contact, and a return/refund policy, and are obligated to acknowledge complaints within 48 hours and redress within one month.
If the seller never intended to deliver, this amounts to cheating under Section 66D of the IT Act since deception was via a computer resource, punishable with up to 3 years imprisonment.
Section 94 of the Consumer Protection Act allows the Central Consumer Protection Authority to take action against unfair trade practices in e-commerce including fake sellers.
You can file a complaint on the National Consumer Helpline (1915) or the e-daakhil portal for a low-cost, time-bound consumer dispute resolution without needing a lawyer.
Simultaneously report the transaction to your bank/payment gateway for a chargeback if paid by card, since chargeback windows are typically 60-120 days from the transaction date.
Practical steps: 1) Contact the marketplace's grievance officer and request a refund citing the E-Commerce Rules; 2) File a complaint on the National Consumer Helpline or e-daakhil portal; 3) Request a chargeback from your bank/card issuer if within the window; 4) Report the fraudulent seller to cybercrime.gov.in citing Section 66D.
If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Consumer Protection (E-Commerce) Rules, 2020 – Rule 5 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.